Canadian Charter Section D33

Paper Summary:

This paper explains that Section D33 (S33) of the "Canadian Charter of Rights and Freedoms" permits Parliament or the provincial legislatures to over-ride some portions of the Charter so that legislation of the kind is automatically subject to an incoming government's review or cancellation. The author points out that S33 is viewed as a brokering mechanism, a kind of bridge between British and American models of constitutional law. The paper relates that S33 stresses the right of the people to demonstrate their opposition to policies produced through the legal process that do not comply with the people's values or preferences. The author remarks that, in this legislation, one sees a Canada grounded in both rights and obligations and the wish for elected representatives to shape development more.

From the Paper:

"For instance, in the months that gay marriage was debated in Ottawa, there was no progress made on dozens of large Aboriginal land claims in Canada that may prove of greater moral interest to millions of Canadians. The rights and ambitions of a gay Canadian minority within a minority, in gay Canadians wishing to marry and able to afford the costs of a marriage, were placed at the top of the Supreme Court's agenda. This can be seen as merely part of Canada's shift towards a 'constitutional' democracy."

Sample of Sources Used:

• Axworthy, Thomas S. "Sword of Damocles or Paper Tiger - Canada's Continuing Debate over the Notwithstanding Clause." Paper. The Festschrift Konference in Honour of Prof. Paul Weiler, Recreating Canada, Harvard University, 2006.
• Close, David. "Politics and Constitutional Reform in Canada - a Study in Political Opposition." The Journal of Federalism. 15. (1985): 161-176.
• Hicks, Bruce M. "The Transition to Constitutional Democracy - Judging the Supreme Court on Gay Rights." The Review of Constitutional Studies. 8. (2003): 34-45.
• Hogg, Peter W. Constitutional Law of Canada. Toronto: Thomson, 2003.
• Whyte, John D. "Sometimes, Constitutions are Made in the Street." McGill Institute for the Study of Canada - Plenary VII: Notwithstanding Clause. La Charte @ 25 Ans - The Charter at 25, 2007.

More papers on Canadian Charter Section D33:

• Research Paper # 86832 : "Canadian Charter of Human Rights and Freedoms"
• Research Paper # 85487 : "Canadian Charter of Rights and Freedoms "
• Essay # 87350 : "The Canadian Charter of Rights and Freedoms"

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